Back to Court

Hi.

It's me again. After a 4 year battle, I finally thought it was over.

We still not have decree absolute despite decree Nisi being 2 years ago. I waited long enough and I applied a few weeks ago.

I received a letter from my wife's solicitor a few days sgo. They are claiming that they intend to return the matter to court, and seek the judge to alter the FDR Final Order, as they believe I am earning more money than I suggested to the court I would be, and living an extravagant lifestyle,

None of this is true, of course. I have been living in my motorhome since the divorce, and frankly am much happier. My monthly cost of living is less than £1000.

What I do have is an imvestment which the court valued and was included in the divorce settlement. It unexpectedly matured 40k higher that the valuation.

I have also not been working since the divorce. I am however looking for work, and potentially will be earning in the region of 80k. They are suggesting that they will be seeking retrospective spousal maintenance.

When she was awarded the matrimonial home, I asked the judge if I was able to secure a higher than expected price, would I get anything out of that. He said it would be her good fortune, the same as it would work the other way, if it sold for less. So I stopped paying the mortgage. They are threatening to seek compensation for this. The court order does not make any provision for maintaining the mortgage payments.

There has been no fraud, or deliberate intention of misleading the court.

Can they revisit the FDR, after the final order has been agreed, under these circumstances? (It was also drafted by her solicitors).

So far as I can see, from the many previous posts, this order was not 'agreed'. It was decided by a judge after a contested two day final hearing. Whether it can be varied depends upon its exact wording. If the order provided for a clean break (ie no periodical payments for the benefit of your (ex) wife) then it cannot now be varied to provide for such payments. If such payments were provided for in the order then those payments can in principle be varied if circumstances have changed BUT a court will not do that lightly and in your particualr circumstances it looks very unlikely. They certainly cannot have 'retrospective' spousal maintenance in the sense of a back dated new claim. Of course, if the court did order spousal maintenance at the time and you have not been paying it that would be a different matter but I assume that is not what you meant.

Thank you.

Yes. The court ordered a clean break!

The final order, drafted by "her" solicitors, was ultimately agreed and signed by myself and my (still) wife.

I suspected their threats were empty and will continue under that assumption.

Thank you for your valued assistance.

I've now met an amazing young lady, who I skydive and go base jumping with. I am hopeful this.will soon be closure to this matter and the future is very bright indeed!

To anyone going through this...chin up! Give it time! Keep moving forward! Everything can change! X

>>The court ordered a clean break!

Then the notion that your (ex) wife can seek 'retrospective spousal maintenance' is absurd. The only way should could have obtained such maintenance would have been by sucessfully appealing the order (which is very difficult to do at the best of times before even getting to the difficulty of persuading a court that a clean break was such a bad idea).

As to meeting an amazing young lady do remember that the court had jurisdiction to dig its shovel into your assets because you were seeking a divorce. While you are single your assets and your income are your own. That changes immediately upon marriage.